KLEM News AM Update June 15, 2010

(LE MARS)--ICON Ag Solutions is investing more than two-million dollars in land and construction for a new Le Mars location on Key Avenue.

Construction at the new Le Mars site overlooking four-lane Highway 60 for the John Deere Sales and service business will begin in the next two weeks.

Completion of the project by Christensen Construction Company of Estherville is targeted to December of this year. The Le Mars location will initially employ 16 people with plans to expand the sales, service and parts departments in the future. ICON expects to add up to 10 more positions after the opening of the new location.

After a ground breaking Monday, ICON Ag Solutions general manager Adam Timmerman says the access for the site in southwest Le Mars was better than any other site ICON looked at.

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According to Timmerman, the new location will provide ICON's Le Mars location with an expanded showroom, a much larger lot for equipment and an overhead hoist to aid in the repair and set up of equipment in the shop.

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ICON Ag Solutions will add bulk oil systems for customer convenience and expand its consumer market sales when the new location opens.

Check back for a report on local leaders thoughts about the project.

(LE MARS)-- A canvass of the 2010 primary election is on the Tuesday morning agenda of the Plymouth County Board of Supervisors. The board will also review the new fire alarm system bill for the Pride Group Residential Care Facility. Action on the approval of the a property sale involving a house at Crescent Ridge, near the Wells' Dairy Corporate office, for the Le Mars Business Initiative Corporation is expected, along with discussion of the 2010-2011 contract with Moir Counseling Services of Le Mars.

The board considers paperwork to set speed limits on county road C-44 at Union which is southeast of Le Mars.

The Board of Supervisors meeting is 9:30 am Tuesday, in the lower level of the Plymouth County Courthouse. (News report by Dave Ruden)

(LE MARS)--Planning for growth of Le Mars dominates the agenda for the City Council's noon public meeting today in the Council Chambers at City Hall.

The council considers bids to extend water mains and sewer in areas in the city's south and west sides.

For example, the sewer line extension will serve the new ICON Ag Solutions Le Mars business location.

City staff has reported a shortfall in the 100-thousand dollars revenue for storm water drainage compared to the improvements needed. A committee is recommending a two-rate system.

Residential users would pay $4 a month per water meter instead of the current $2. Non-residential rates would be increased from $2 per meter per month to $7 per meter per month. The rate is more than three times the current fee.

To offset the increase, the committee also recommended the increase for residential water meter customers be offset by reducing the trash pickup rate by $2 per month. The storm water fund would gain 110-thousand dollars a year and the solid waste income would go down 80-thousand dollars.

An update of the city's comprehensive plan will also be discussed.

A pool of money for pay raises for non-bargaining employees is recommended by senior administrative staff. The Council is being asked to approve pay ranges for 20 non-bargaining employees from accounting clerk to city administrator. An amount that is three percent of the current non-bargaining wages is also recommended to fund the increases which are based on performance reviews for merit increases.

Today, both the Council and Board of Supervisors consider an offer to purchase 2.72 acres which includes a house, garage and building south of the house at Crescent Ridge. The offer for the property created when land was purchased for the Wells' Corporate Campus is $197,500.

The Council is expected to close a portion of its meeting to the public to discuss pending or imminent legal action strategy.

NOTE: A hearing was held concerning a proposal to declare surplus and dispose of its interest in the vacated Evelyn Drive extending from the east line of Sixth Avenue SE to the west line of Paulin's First Addition and no oral or written objections were received.

Nelson moved, Ihrke seconded that the following items be approved under the "Consent Agenda." On Roll Call: Ayes: All present. Nays: None.-Regular meeting minutes of May 18, 2010.-List of bills for period ending 05/31/10.-Renewal of Class B Beer Permit to the Pizza Ranch and issuance of a new Class E Liquor License to Fareway Stores, Inc.-The regular July 6, 2010 Council meeting be changed to June 29, 2010.

Leonard moved, Rexwinkel seconded the selection of Mc Clure Engineering Co. to perform the Water System and Rate Study be approved and the Water Committee be authorized to negotiate an acceptable contract and fee for Council consideration. On Roll Call: Ayes: All present. Nays: None.

Nelson moved, Knapp seconded the Water Tower and Ground Space Supplemental Lease Agreement with Telecorp Communications, LLC be approved subject to insurance language clarification and the Mayor and City Clerk be authorized to execute the same. On Roll Call: Ayes: All present. Nays: None.

Nelson moved, Ihrke seconded staff be directed to pursue the recommended repair alternative for Business 75 from IA 3 to 18th Street South as presented. On Roll Call: Ayes: All present. Nays: None.

Leonard moved, Knapp seconded the following three (3) recommendations by the Solid Waste Committee be approved. 1) Increase advertising and promotion of recycling (newspaper inserts / radio spots / information packets); 2) Begin delivering blue totes to all residences for use (detailed recycling info will be included with each tote.); 3) Effective January 1, 2011 the City of Le Mars will go to alternating weeks on pick-up of regular trash and recycle totes. On Roll Call: Ayes: Ihrke, Nelson, Leonard, Knapp. Nays: Rexwinkel.

Ihrke moved, Nelson seconded to enter Closed Session under Iowa Code 21.5c concerning a matter that is presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. On Roll Call: Ayes: Rexwinkel, Leonard, Knapp, Ihrke, Nelson. Nays: None.

Applications have been received from Louie's Place for renewal of their Class C Liquor License and Outdoor Service Area, from Archie's Waeside, Fraternal Order of Eagles and Mr. P's for renewal of their Class C Liquor License. Approved by Police Department.

COUNCIL ACTION REQUESTED

Motion (approving) (denying) renewal of Class C Liquor License and Outdoor Service to Louie's Place and Class C Liquor License to Archie's Waeside, Fraternal Order of Eagles and Mr. P's.

(No Roll Call)

CITY OF LE MARS, IOWA

ConsentREQUEST FOR ACTIONDate:June 15, 2010

Description:Resolution Granting Cigarette Permits Item No.C-5

Information:

Attached is a copy of a Resolution granting cigarette permits to businesses for the period July 1, 2010 to June 30, 2011. All have completed the application and paid the $75.00 fee.

COUNCIL ACTION REQUESTED

Motion adopting Resolution No. ______ granting cigarette permits for the period July 1, 2010 to June 30, 2011.

(Roll Call)

CITY OF LE MARS, IOWA

ConsentREQUEST FOR COUNCIL ACTIONDate:June 15, 2010

Description:Handicap Parking SpacesItem No.C-6

Information:

Rejoice Community Church, 1320 3rd Avenue S.E., is requesting three new handicap parking stalls on 3rd Avenue S.E. by the front entrance of their building. Their letter is attached.

-The West Half of Central Avenue West in front of the Pizza Ranch from Plymouth St (IA Hwy 3) to the Joba's Store be closed off to traffic on Sunday, July 11, 2010 from 12:30 p.m. to 6:30 p.m. for the Nascar Racing Show Car Tour.

Their letter is attached.

Staff Recommendation:

Staff recommends approval.

COUNCIL ACTION REQUESTED

Motion approving street closing as requested by the Pizza Ranch.

(No Roll Call)

CITY OF LE MARS, IOWA

ConsentREQUEST FOR COUNCIL ACTIONDate:June 15, 2010

Description:Request to Close Street - Stadium Drive by LCHSItem No.C-9

Information:

The All School Reunion 2010 has requested the following Street Closing:

-Stadium Drive from 3rd Avenue SW to 12th Street be closed off to traffic on Saturday, July 3, 2010 from early morning until events are closed that night.

The City Health Insurance Committee has been reviewing the proposals for the FY 11 City of Le Mars Employee Health Insurance coverage. The Committee felt that it would be advantageous to remain with our current broker, Avera Health Plans. We have used Avera for the last four years and believe they best serve our needs for the next year, FY 11. Avera then approached three (3) reinsurance carriers to get quotes for our reinsurance coverage. Those carriers were Northwind, Medical Excess, and Star-Line. These three reinsurance carriers came back with twelve (12) proposals. These proposals were then reviewed in detail with the Insurance Committee and Avera. Northwind, our current provider, had the best proposal for reinsurance coverage.The Avera charge for FY 10 was $16,708 and the Northwind charge for FY 10 was $128,781. The proposed charge for FY 11 for Avera is $16,870 and Northwind is proposing $137,619.

Insurance Committee Recommendation:

The Insurance Committee is recommending City of Le Mars Employee Health and Flex Claim Administration stay with Avera Health and that Northwind continue to be the City's reinsurance carrier. This is no change. Both will be contracted for service for only the FY 11 year. The Insurance Committee is recommending that Health Insurance rates be set for FY 11 in a manner that will cover all fixed costs, variable costs and maintain the integrity of the Health Insurance Fund.

Financial Impact:

Funded through Health Insurance Fund which is made up of budgeted expenditures and employee payroll contributions.

COUNCIL ACTION REQUESTED

Award the City of Le Mars Health and Flex Benefit plan administration to Avera for FY 11 and award the reinsurance plan to Northwind for FY 11 at the proposed amounts.

(No Roll Call)

CITY OF LE MARS, IOWA

ConsentREQUEST FOR COUNCIL ACTIONDate:June 15, 2010

Description:Sign Request - Wells' Dairy Inc.Item No.C-11

Information:

Wells' Dairy Inc. is requesting permission to place one new sign in the public right-of-way at 1095 18th Street SW. The sign would be directly across the street from the new South Ice Cream Plant Truck Traffic entrance. Wells' Dairy feels in order to make the sign as visible as possible it needs to be closer to the street.

The Board of Zoning Adjustment will to decide on a variance request by Wells' Dairy Inc. at their meeting on June 15, 2010. City Code requires signs in business and industrial districts to be placed on the same property in which the business is conducted. The variance would allow Wells' Dairy Inc to install a new sign across the street from the business.

Staff Recommendation:

Staff is recommending the placement of one sign in public right-of-way as requested.

COUNCIL ACTION REQUESTED

Motion (approving) (denying) Wells' Dairy Inc. to place one sign in public right-of-way.

(No Roll Call)

CITY OF LE MARS, IOWA

ConsentREQUEST FOR COUNCIL ACTIONDate:June 15, 2010

Description:Sign Request - Jensen Motors (Le Mars Ford)Item No.C-12

Information:

Jensen Motors (Le Mars Ford) is requesting permission to place one new sign in the public right-of-way at 1258 Lincoln Street SW. The existing sign would be relocated but it and the new sign would get no closer to the street.

Staff Recommendation:

Staff is recommending the placement of two signs in public right-of-way as requested.

COUNCIL ACTION REQUESTED

Motion (approving) (denying) Jensen Motors to place two signs in public right-of-way.

At its May 18, 2010 meeting, the Council set this as the date and time to consider the bids received for the 2010 Sanitary Sewer Project - Key Avenue - from 200th Street to the former 195th Street as prepared by PSS, Inc. of Le Mars, Iowa.

The bids were received and opened on Thursday, June 10, 2010 at 1:30 P.M. for this project and are attached. Low Bidder is First Rate Excavating, Inc. of Sioux Falls, SD at $135,020.

Engineer's Cost Estimate - $150,852

Staff Recommendation:

City Engineer recommends awarding the bid to First Rate Excavating, Inc. of Sioux Falls, SD at $135,020.

At its May 18, 2010 meeting, the Council set this as the date and time to consider the bids received for the 2010 Water Main Extension Project - C38 from Key Avenue to the east side of the Floyd River5 Bridget as prepared by PSS, Inc. of Le Mars, Iowa.

The bids were received and opened on Thursday, June 10, 2010 at 1:30 P.M. for this project and are attached. Low Bidder is Vander Pol Excavating, LLC of Orange City, IA at $126,135.

Attached is an email from Bryan Wells, P.E. of DGR with further justification as requested by Council. Residents of Parkview Terrace will be present regarding the Trail Project.

Several reasons to begin design process early:1)Coordination with IDOT is critical on these federally assisted projects.2)Additional Federal Stimulus Funding may come available.3)Easements may be needed.4)Certain permits are necessary before construction.5)Impacts to private property and their needs.

Staff Recommendation:

Administration recommends to proceed with the additional two (2) projects.

Financial Impact:

On the IA 3 West Trail Project the cost of Engineering would be paid with TIF Revenues and certified on each December 1st and subsequently reimbursed each June under Joint Urban Renewal upon concurrence with the Joint Advisory Board, Plymouth County and City Council. On the 12th Street Project the cost of Engineering would be paid with RUT.

COUNCIL ACTION REQUESTED

Motion to proceed with Engineering Proposal with DGR and Associates Co. for the two (2) STP Projects as stated and Scope of Service.

Information:With the paving nearly complete on Blue Diamond Drive, this item is on for consideration of a permanent stop sign at the intersection of Blue Diamond Drive and Hawkeye Avenue (Business 75 South) to require eastbound traffic on Blue Diamond Drive to stop. Staff does not recommend a stop sign at Blue Diamond Drive and Holton Drive at this time.

Also, there will be two (2) new intersections created and both will require a standard street light.

Staff Recommendation:

Staff recommendation is to add one Stop Sign and two (2) street lights.

A recent "Conservation Design Form" discussed the need for an up-to-date Comprehensive Plan and public involvement in said plan.

An Adhoc Focus Group has prepared a community survey which is now on line and has a deadline of June 30, 2010. This survey should provide good insight into the feelings and beliefs within the community.

Several other studies and evaluations currently proceeding would provide significant input for respective areas within the Comprehensive Plan, namely:1)Water System Study (Facility Plan) by Mc Clure Engineering2)Wastewater Facility Plan by Bolton & Menk3)Airport Layout Plan by Bolton & Menk4)Joint Land Use Plan by Mc Clure Engineering5)Conceptual Layouts by ISU (of West Floyd)6)Conservation Design Form by IDED (of Main Street)7)Community Survey by Focus Group

Staff Recommendation:

Staff recommends Council give authorization to proceed with Request for Proposals (RFP) to obtain a City Planning Consultant for updating the City's 2005 Comprehensive Plan.

In 2006 the Le Mars City Council adopted Ordinance 858 setting up a Storm Water Drainage System (See attached). This ordinance established the storm water fee at $2.00 per month. This fee is currently generating approximately $100,000 per year. Unfortunately, our storm water drainage system improvements have exceeded that number per year. Therefore the deficit fund balance has continued to grow. Included in the FY 11 budget was additional revenue to help offset the drainage improvement costs. To facilitate that end we need to adjust storm water drainage rates. The Storm Water Drainage Committee has been meeting to discuss several methods to develop appropriate rates. Models from several other cities were reviewed.

The Committee is recommending that the current Ordinance be changed to allow for a two (2) rate system for storm water drainage fees. Currently each user is assessed a charge of $2 per month per water meter. The committee is recommending that the rate residential users pay be increased from $2 per month per meter to a new rate of $4 per month per water meter. All non-residential users would have their rate be increased from $2 per meter per month to a new rate of $7 per month per meter.

In an effort to help offset the increase for the residential user the Committee is recommending that if the storm water drainage fee increase be approved the rate charged to residential customers for there trash pick-up be lowered by an equal amount.

Recommendation of the above groups is to amend the existing Storm Water Drainage Ordinance to reflect the two tier rate structure listed above and if that is done then to lower the rate of residential trash pick-up by the corresponding equal amount.

Financial Impact:

This action, if approved, will generate an additional $110,000 per year to help fund previous and ongoing storm water drainage system improvements. If approved as proposed it will reduce revenue to the solid waste fund by approximately $80,000 per year.

As has been done in the past several years any non-bargaining wage increases will be awarded based on merit. Performance reviews will be conducted with each non-bargaining employee prior to any merit increase. Performance reviews will be conducted by senior staff, performance reviews for the City Administrator and Assistant City Administrator will be conducted by Mayor and Council. The purpose of this RCA is to set the pool of funds that can be used to fund non-bargaining merit increases for FY 11 and to set pay ranges for each of the non-bargaining position. In May 2009 Council approved the FY 10 pool of funds for non-bargaining at 4% ($48,000). The non-bargaining employees took a wage freeze for the first six months of FY 10, so the annualized increase only ended up at 1.9% ($23,000). The Bargaining Unit employees received their full 4% increase for FY 10. Per Bargaining Unit contract agreement the Bargaining Unit will receive a 3% increase on 01/01/11 making their FY 11 annualized wage increase 1.5%.

In May 2009 the Council did not approve the proposed pay ranges for FY 10 non-bargaining positions. Attached is the same pay ranges as was proposed at that time. Since there was no increase in cost of living the pay ranges have not been increased from what was previously proposed. Direction is needed as to whether pay ranges are to be used as guidelines for new hires, guidelines for new and existing positions, are absolute minimum and maximum for said positions or are not applicable at all.

Staff Recommendation:

Senior administrative staff is recommending Council approve a pool of funds equal to 3% of the FY 10 non-bargaining wages for the purpose of awarding merit increases based on performance. Senior staff is also recommending approval of the proposed pay ranges for non-bargaining positions and the said pay ranges be used as guidelines for employees in those positions.

Financial Impact:

Approving the above proposals will not exceed the total budgeted amounts for non-bargaining employees for the combined FY10 and FY11 approved budgets. If approved as proposed approximately one third of the cost ($12,000) is within the Enterprise Funds.

COUNCIL ACTION REQUESTED

Motion approving the non-bargaining salary pay range as proposed and setting up a 3% pool of funds for non-bargaining FY 11 merit increases.

(No Roll Call)

CITY OF LE MARS, IOWA

REQUEST FOR COUNCIL ACTION

Date:June 15, 2010

Description:Closed Session - Pending/Imminent LitigationItem No.F-1

It is recommended that the Council enter Closed Session to discuss Pending/Imminent Litigation.

COUNCIL ACTION REQUESTED

Motion to enter Closed Session underIowa Code 21.5c concerning a matter that is presently in litigation or wherelitigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation.

(Roll Call)

Motion to move out of Closed Session.

(No Roll Call)

(LE MARS)--June Jurors DO NOT NEED to report for jury duty Tuesday, June 15th. Please call the Clerk of Court office Monday, June 21st after 3:00 pm to see if you need to report Tuesday, June 22nd.

(SHELDON)--A Le Mars man is a big winner in a record setting fund raiser for Village Northwest Unlimited in Sheldon.

The fifth annual benefit run, walk and roll had a record turnout and a record 31-thousand dollars raised from registrations, sponsorships and donations .

There were 80 runners with David Bohlken of Le Mars winning the men's 10-K for the second consecutive year with a time of 36:09. Bolken competed in the 20-29 year old category. First place in women's 5-K went to Nichole Duncan of Hartley.

A portion of the record proceeds will be use to buy a wheelchair accessible shuttle golf cart.

MILBANK, S.D. (AP) Grant County authorities have released the name of a man killed when a piece of equipment fell off a forklift and struck him in the head.

Sheriff Mike McKernan says 58-year-old Vincent Nelson, a truck driver from Jackson, Neb., died Friday after a loader frame being moved off his semitrailer slid off the forklift and hit him.

McKernan says investigators with the Occupational Safety and Health Administration will be looking into the incident at Schuneman Equipment.

(Copyright 2010 by Associated Press. All rights reserved)

DAKOTA CITY, Neb. (AP) Attorneys representing the Mexican government failed in their attempt to delay the start of a trial involving a Mexican national accused of murdering a 3-year-old Nebraska girl.

Judge William Binkard of Dakota County District Court denied the request at the beginning of jury selection on Monday. Binkard said the defendant, 30-year-old Melecio Camacho-De Jesus (meh-LEASE-ee-oh cuh-MACHO-deh-HAY-soos), already had a competent defense team that could protect his interests.

The motion filed on behalf of the Mexican government cited a doctor who found Camacho-De Jesus was insane due to drug-induced psychosis.

Camacho-De Jesus, of Sioux City, Iowa, is accused of killing Evelyn Verdugo Paniagua on May 23, 2009, in her South Sioux City home as her family slept.

(Copyright 2010 by The Associated Press. All Rights Reserved

DES MOINES, Iowa (AP) The state of Iowa's decision to grant state tax credits for a major modernization project at the John Deere Foundry in Waterloo is saving nearly 300 jobs at the company.

According to documents Deere Co. filed with the Iowa Department of Economic Development, the tax credits is allowing the company to retain 60 salaried positions and 235 hourly jobs in Waterloo.

Deere is investing $90 million to modernize the foundry and the economic development board's approval means the company will receive $15 million in tax credits and indirect financing from the state.

The Moline, Ill.-based Deere is the world's largest maker of agricultural equipment.

DES MOINES, Iowa (AP) An influential evangelical Christian group says it's standing by a pledge to sit out the governor's race this fall because neither of the major party candidates shares its view on social issues.

The decision by the Iowa Family Policy Center is a blow to Republican Terry Branstad, who is relying on religious conservatives to be among the base of his support as he faces Democratic Gov. Chet Culver.

Danny Carroll, chairman of the Iowa Family Policy Center, has criticized Branstad for not giving greater emphasis to issues such as gay marriage and abortion. Carroll says in a statement released Monday it will take a ``fundamental transformation'' for the group to back either candidate.

DES MOINES, Iowa (AP) Police and federal agents have arrested the owner of a town house on the far west side of Des Moines for allegedly running a methamphetamine manufacturing operation.

The suspect, 47-year-old Michael John Luhrs, was arrested during the raid Monday and charged with conspiracy to manufacture methamphetamine. It was not immediately known of Luhrs had an attorney.

Des Moines police and agents from the Bureau of Alcohol, Tobacco Firearms remained on the scene late Monday afternoon and called out the police bomb squad to build a sandbag bunker in the street in front of the town house. The bomb squad also sent a robot into the house Monday afternoon.

BURLINGTON, Iowa (AP) The Rebuild Iowa Office has announced five community seminars will be held this summer across the state to help residents understand the flooding of 2008 and how to better prepare for future flooding.

The first seminar will be Wednesday at the Burlington City Council Chambers. The event is called ``Anatomy of Iowa Floods: Preparing for the Future.'' The other seminars are scheduled through July in Marion, Waverly, Mason City and Ames.

The Center for Global and Regional Environmental Research at the University of Iowa is hosting the seminars along with other statewide agencies and organizations.

ADAIR, Iowa (AP) Authorities say the residents of Adair should plan to use only bottled water for drinking for at least the rest of this week, and possibly into next week.

An advisory to boil and conserve water was issued Sunday evening after a water main going from Adair's well to its water treatment plant malfunctioned. Authorities said Monday a faulty valve was allowing water to be pumped from one well into another, rather than to the water treatment plant.

After water was brought in from surrounding communities in fire trucks, residents were urged to use bottled water as an extra precaution against potential water contamination.

MAQUOKETA, Iowa (AP) An environmental specialist with the Iowa Department of Natural Resources says the state's caves may remain closed for the rest of the year.

The caves were closed earlier this spring after a disease that has killed about 1 million bats across the country was discovered. Iowa environmental specialist Daryl Howell says the three caves were ``fairly likely'' to be shuttered for the rest of 2010.

The closed caves include Maquoketa Caves State Park in Maquoketa, Searryl's Cave State Preserve in Jones County and Starr's Cave near Burlington. Howell says state experts will have more information about the status of the disease and the bats after they check the caves during the fall and winter.

Howell has said about 2,000 bats live in Iowa caves between October and March.

NASHUA, Iowa (AP) The Iowa Department of Natural resources says a young male black bear that was seen over the past few weeks in Mitchell and Worth counties has moved southward apparently along the Cedar River.

Department of Natural Resources Officer Eric Johnston says the young bear, which is probably about 2 years old, was spotted Sunday about six miles northwest of Nashua, in Bremer County.

Johnston says the bear seems to following the Cedar River.

A persistent rumor heard last week was that the bear had been shot, but Johnston says he believes the report is incorrect.